HomeMy WebLinkAbout1998-195
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98-195
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
3 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. Resolution No. 95-241 establishing standard criteria for companies to
7 provide tow services is hereby repealed.
8 SECTION 2. Companies providing tow services for the City of San Bernardino shall first
9 enter into an agreement with the City of San Bernardino granting a non-exclusive franchise which
10 agreement shall include, but shall not be limited, to the following terms and conditions:
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1.
Every towing carrier shall:
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A.
Have a minimum storage space for 200 vehicles with a minimum of twelve
13 inside spaces; outside storage lots must be adequately lighted.
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B.
Have an attendant on call twenty-four (24) hours a day, seven days a week
15 at place of business.
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C.
D.
Have no more than two telephone numbers listed with any City department.
Store towed vehicles in a safe and protected space where the vehicles and
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18 their contents will not be accessible to thieves nor be damaged by activity in the carrier
19 establishment or from the elements or by vandals; no vehicles shall be left parked or stored on the
20 public streets at anytime; in no event shall the city be liable for any theft, vandalism or damage
21 occurring to any such vehicle or its contents.
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E.
Post a tag on the windshield on all cars ordered impounded by a City
23 department.
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F.
Collect all towing or hauling and storage charges on each vehicle from the
25 owner; in no event shall the city be liable for any such charge.
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G.
Whenever a vehicle has been involved in an accident or a traffic violation,
27 and the owner or someone delegated by him is present and is capable of removing the vehicle from
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98-195
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
2 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
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the street with reasonable dispatch, and the vehicle is not needed for criminal evidence, City and/or
towing carrier shall permit the owner or his delegate to remove the vehicle or call a towing company
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of his or her own choice to remove the same; provided, however, that if the street cannot be cleared
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for safe public use with reasonable dispatch by the above method, and in all situations other than
above set forth, a towing carrier from the top of the rotation list will be called by the City.
H. Furnish each owner with a fully itemized billing.
I. Immediately after each towing operation, make a towing slip with the
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contents of each vehicle placed in his or her care itemized thereon as verified by the officer ordering
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the same and make the slip available to the City on request.
J. Release no impounded vehicle without first having obtained a release from
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the City to do so.
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K. Agree to a rotation system established by the City.
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1. Comply with all rules, regulations and laws of the State of California,
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County of San Bernardino and City of San Bernardino.
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M. Have adequate equipment to handle calls from the city, impounds and
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storage of motor vehicles.
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N. The carrier shall operate from a location within the City of San Bernardino,
and all of the facilities necessary to comply with the provisions of this resolution shall be located
within the City of San Bernardino.
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o. Carry a broom, trash can and sand and shall clean and remove broken glass,
spilled oil, or gasoline from the area before departing, unless directed to not do so by police officers
andlor designated City employees at the scene.
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P. Obtain and maintain public liability and property damage insurance in the
amount of $1 million, and naming the City of San Bernardino as an additional insured.
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Q. Tow vehicles shall be rated at a minimum of 14000 GVW.
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98-195
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
2 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
3
2. The City shall establish a per call rotation system of qualified towing carriers who
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have entered into agreements with the City for the performance of towing services in response to
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calls from the City. All departments of the City shall comply with the rotation system.
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3. Every towing carrier shall comply with and qualify under all the requirements set
forth in this resolution as a condition precedent to being eligible to be placed on the rotation list.
4. Each towing carrier shall give or cause to be given written notice to the registered
and legal owners of each vehicle which is towed in conformity with the authorization and
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requirements of this resolution concerning the fact of such towing, the place at which such vehicle
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is stored and the imposition of charges for towing, storage and related services whenever the towing
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carrier knows or is able to ascertain from the registration records in the vehicle or from the
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registration records of the Department of Motor Vehicles the name and address of the registered and
legal owners. The notice shall be given not more than ten (10) days from the date of the towing of
the vehicle by the towing carrier.
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5. Every tow truck which is subject to the provisions of this resolution and which by
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agreement responds to calls for service by the City, shall be clearly marked on both sides ofthe cab
with the name and telephone number of the towing carrier which operates the truck.
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6. City shall enter into agreements with tow carriers not to exceed one company per
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35,000 residents of the City.
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7. Any agreement entered into pursuant to the terms of this resolution may be
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terminated by the City upon thirty (30) days written notice providing the right to a pretermination
hearing before the Police Commission.
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8. Monthly Tow Carriers shall submit a list of all vehicles towed the previous month,
including license plate number and VIN.
9. Tow Carriers shall charge for services on calls by the City in an amount not to
exceed ten dollars ($10) above the hourly rate set forth by the California Highway Patrol. The
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98-195
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
2 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
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minimum charge for services shall not exceed one (l) hour.
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10. Standby time for tow trucks will begin one (I) hour after receipt of calls from the
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City and is defined to mean the time consumed after the first hour in necessary preparations in order
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to tow the disabled vehicle and in cleaning up the immediate surrounding area.
I!. In the event that a towed vehicle is forfeited by the owner in accordance with
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914607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be distributed
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pursuant to said section of said Code.
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12. All towing carriers shall be subject to a vehicle towing administrative fee set by
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resolution and a franchise fee set forth in said agreement.
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13. All towing carriers shall also comply with the minimal standards set forth in the
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California Highway Patrol tow service agreement as such agreement shall be amended from time
to time. Where provisions of this resolution and the CHP tow service agreement shall be found to
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be in conflict, the provisions of this resolution shall prevail.
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98-195 .
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING RESOLUTION NO. 95-241 AND ESTABLISHING
2 STANDARD CRITERIA FOR COMPANIES TO PROVIDE TOW SERVICES FOR THE
CITY OF SAN BERNARDINO.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a regular
meeting
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thereof, held on the 6th
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wit:
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COUNCIL MEMBERS:
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ESTRADA
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LIEN
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ARIAS
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SCHNETZ
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DEVLIN
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ANDERSON
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MILLER
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day of
July
, 1998, by the following vote, to
AYES
NAYS
ABSTAIN ABSENT
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1998.
The foregoing Resolution is hereby approved this tAday of
July
I
, I
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. -L-C~J
ALLES, Mayor
f San Bernardino
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Approved as to form and
24 legal content:
25 JAMES F. PENMAN,
City Attorney
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By:
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